Revolutionary War Pension and Bounty Land Warrant Application File S. 13,031, Rosel W Fitch, New York

SERVICE
New York
Fitch Rosel W. " Roswell W.
NUMBER
8,13031
carded
CONTENTS

20.869 New York Roswell W. Fitch Pensioner in the State of New York who was a Private in the Arty. commanded by Captain Russell of the Regt. commanded by Col. Wells in the New York line for 10 months & 22 days
Order to pay 4 th Oct 1837
Rosil W. Fitch
Records corrected Mich 2/106 p
Inscribed on the Roll of New York at the rate of 36 Dollars 26 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 10 day of Oct 1833 and due the 4th of March Predoria
Arrears to the 4th of Ap. 33 $90.66 Semi-ant. allowance ending 1 st D. 31 18 " 13 $108 79
{ Revolutionary Claim, { Act June 7, 1832.
Recorded by Cole Clerk Book E Vol. 4 Page 100

14,832
Roswell W. Fitch
e. move of cutheats.
Admitted
Private 10 mo & 22 days
 292  3628  7253  11512  9066 
Mullett & Crane Fredonia Chautauqua County N. York

WAR DEPARTMENT,
Pension Office,
183
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Roswell W. Fitch of Pomfret in the County of Chautauque
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Exp. Feb. 1782 was taken prisoner at the expiration of 8 months and a half - that his whole service including his imprisonment was about Eleven months. 9 Private Capt Buel Col. Wells None from East Windsor to New York to Horse neck East Windsor Connecticut age 66 years & upwards Living Witness  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of aged (c) years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) , with and served in the (e) regiment of the line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B.
who has signed the preceding certificate is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services. 
 6. { To a Soldier. { Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? { To an Officer. { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 
 7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that he answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons -one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____; For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months, is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

11832. the matter of the application of Russell M. Fitch for a Pension under the Act of June 7 th 1832
Allowed
Mullett & Brown, Fredonia Chautauque County N. Y. Agents.

(A)
State of New York County of Chautauque
On this twelfth day of October in the year of our Lord eighteen hundred thirty two personally appeared before the Judges of the Court of Common Pleas held in and for the County of Chautauque aforesaid, now sitting in the Court house in the village of Mayville in said County, Roswell W. Fitch a resident of the Town of Pomfret County State aforesaid aged sixty six years last December _____ who being first duly sworn according to law doth on his oath make the following declaration in order to obtain the benefit of the act of Congress passed June 7. 1832.
That in February 1782 at East Windsor in the state of Connecticut he enlisted into the state troops of the State of Connecticut in a company commanded by Capt. Josiah Bipee of Col. Levi Wells Regt for 9 months - that he immediately commenced the said service marched with the said Regiment to New York the State of New York near the city of New York - that he continued to serve in protecting foraging parties, detecting cow-boys & such various services for about 8 months and a half until some time in December 1782 when he together with Col. Wells and the party with him were surprised & taken prisoners at Horse Neck in the State of New York & carried into the city of New York; That he was confined as a prisoner in the Sugar House in the City of New York until some time in January in 1783 when he was released & went home; - That he has no recollection of receiving a discharge; - That his whole term of service including his imprisonment was about eleven months -
And the said Roswell W. Fitch hereby relinquishes every claim whatever to a pension or annuity except the present declaration that his name is not on the Pension Roll of the agency of any State or Territory.
And to interrogatories propounded by the Court the said Roswell W. Fitch says that he was born at East Windsor on the 7th of December 1765 as he is informed & believes - that he has no record of his age whatever - that after he returned he resided in East Windsor aforesaid until 1803 when he removed to the County of Oneida State of New York where he resided thirteen years till the year 1816 when he removed to the County of Chautauque and State of New York where he has continued to reside ever since -
That besides Capt. Bipee & Col. Wells above mentioned he was acquainted with Col. Baker who commanded another

regiment from Connecticut that his services in the army were various as above stated that he does not recollect of hav- ing received a discharge, but he does recollect that he was released from imprisonment at the Prison House in New York the deprivation thereof which he suffered while there - That in the neighborhood of his present residence he is acquainted with Dea. Ebenezer Webster with whom he was acquainted in his boyhood, Ephraim Thayer & Hon. Philo Orton one of the Judges of this Court to whom he refers as to his character for veracity and  and as to the  truth of  his  services  Revolution that there is no clergymen in the neighborhood of his residence.
Roswell W. Fitch
Sworn to and subscribed in open Court before the Judges thereof the day & year first above mentioned -
James B. Slossy Atty
We residing in the Town of Pomfret in  Henry Mansfield & James D. residing in the Town of Pomfret County of Chautauqua State of New York do hereby affy that we are well acquainted with Roswell W. Fitch who has subscri- bed to the above declaration - That we believe him to be about seventy years of age - That he is reputed & believed in the neighborhood where he resides to have been a soldier of the revo- lution and that we concur in that opinion - That there is no clergymen residing in the neighborhood.
Henry Mansfield
James Dunn
Sworn to and subscribed in open Court before the Judges thereof the day & year aforesaid.
James B. Slossy Atty
I, Hon. Eben D. Webster of the Town of Pomfret in the County of Chautauqua and State of New York do hereby certify that my native place is East Granby in the State of Conne- ticut and that I am now sixty four years old last March. That I have been well acquainted with the a horse named Roswell W. Fitch from my boyhood - That in

That I have been well acquainted with the a hoae named Roswell M c Fitch from my boyhood - That in
our childhood we resided but about a mile apart.
(B) That I will recollect that the said Roswell M c Fitch went into the revolutionary service with Capt Bissel (who was from the same neighborhood) from the fact that the said Fitch, as was reported, ran away from his parents and enlisted, and that his Father was offended at his enlisting, and when he went to from his company followed him some distance to induce him to abandon his object  return and that these circumstances made considerable talk in the neighborhood at the time. I will remember that the said Fitch was gone some time, and that it was then reported that the said Fitch together with Capt. Bissel and his son Russell, were prisoners in the City of New York. That when the said Fitch returned from the army he came home to his Father and continued to reside in the neighborhood till he was married and removed to Onida County in the State of New York. That I removed to Onida County the next year after the said Fitch did, and was his near neigh- there bor, till I removed to Chautauqua County my present residence. That the said Fitch came to Chautauqua County the about a year after I did and that we have resided in the same neighborhood ever since - That I have no doubt that the said Fitch served in the revolutionary army as he states -
Elizer Walbridge
sworn to and subscribed in open court, the day and year aforesaid - James H. Strong Clerk
And the said court do hereby declare their opinion

after the investigation of the matters and after putting the interrogatories presented by the War Department, that the above named applicant was a revolutionary soldier and served as he states. and the court further certifies that it appears to them that Henry Mansfield, Esquire, James Dunn, and Ebenezer Webster who have signed the foregoing certificates are residents, the said Mansfield & Dunn of Portland, and the said Webster of Pownal in the said county of Chautauque and in the neighborhood of the said Fitch, and are credible persons and that their statements are entitled to credit.
I James B. Lowry Clerk of the Court of Common Pleas of the County of Chautauque and State of New York do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Russell M. Fitch for a pension.
In testimony whereof I have hereunto set my hand and seal of office, being the seal of the said Court, this twelfth day of October in the year of our Lord Eighteen hundred and thirty two. James B. Lowry Clk

information as contained in his (or his widow's) application for pension on file in this Bureau. Rosel H. Fitch Ser. File V3031
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     4 Mch Feb. 1782 Pvt. Josiah Bissel Genl Wells Conn.   Taken prisoner at Horse Neck & confined in the Sugar House in N.Y. until Spring 1783 when he was released.  
Battles engaged in, _____ Residence of soldier at enlistment, Enlisted at East Windsor Conn. Date of application for pension, Oct. 12 1832 His el. was at Residence at date of application, Pomfret, Chautauqua Co. N.Y. Age at date of application, born Dec. 7, 1765- at East Windsor Conn.
Remarks: No data as to family

v. 2. 16
Reborn
13.031 INVALID.
1909 Aug 5 Hist. Soc Elsie L. Nicklethwait
File No. 13.031
Roswell W. Fitch Dis. Rev. War.
Act: June 1 th 32
Index:—Vol. _____, Page _____
[Arrangement of 1870.]
Rosel W. Fitch Records corrected. Mch 27, 1906. J.P.

Reserve Mr. Titus N. Y. $36. 216. 7. June
To what time last paid
Pension Office P to the 4 March 1836 4 th Oct 1837

Fredonia N.Y.
July 26-1908
To the Pension House Office -
Dear Sir -
I wish to join the Daughters of the Revolution now my name is Ethi Se. Micklethwait my maiden name was Ethi S. Adams, my father name Henry Adams and my mothers maiden name Harriett M. Fitch and her fathers name Russell R. Fitch and his wife's maiden name

was Lovina Martin, Russell R. Fitch's fathers name was Rasel Fitch he was a Revolutionary soldier and his wife's maiden name was Sally Shelfield.
Hope to here from you soon Respectfully
Mrs Ethie S Micklethwait
556 Temple St.
Fredonia
N.Y.

Ms. B. 75

14832 -
In the matter of Roswell M. Pitch for a Pension under the act of June 26 th 1832
Mabel Hiram Putnam Chautauqua Co. N.Y.
Agents
John County, N.Y. Conte

State of New York Chautauqua County
On this tenth day of June in the year eighteen hundred and thirty three, personally appeared before me the undersigned, a Justice of the Peace of the said County. Roswell M. Fitch, a person to me well known and known to me to be the person who made the annexed application for a pension, who being duly sworn deponeth and saith that by reason of old age and the consequent loss of memory, he cannot swear positively to the precise day he joined the army, as mentioned in his annexed declaration, though he recollects that it was in the month of March & that he had entered some days before. He well recollects and is positive that when he was taken prisoner at House-mill, as stated in his annexed declaration, he had but ten days more to serve to complete his term of nine months. He also recollects and is sure, that his term of imprisonment in the Sugar-Store or State in his annexed declaration was two months and two days, and that when he was taken from the Sugar-Store he was put on board of a vessel and carried to Elizabeth Town and set on shore and had to make the best of his way home, and that in going home, to avoid the British and Loyalists on and about Long Island, he was obliged to go to Tompkinsville through what was called the Jersies, up the North river to Catskill through Dutchess County and then into Connecticut, and that when he got home he had but gone a year and a few days or a few days short of a year, and he cannot

State of New York Chautauque County } ss. Clerk's Office
I James Borry Clerk of the said County Do hereby Certify that the papers marked A & B. hereunto attached contain the original proceedings of the Court of Common Pleas, in the matter of the application of Roswell N. Fitch for a pension as will appear by my Seal of Office thereunto Affixed and my name thereunto subscribed reference being thereto had, And I further Certify that Jacob Hough-ton Esquire whose signature appears to the certificate of the within Affidavit, was at the date thereof & is now one of the Justices of the peace in & for said County. And that his said signature is his proper hand-writing
In Testimony whereof I have hereunto set my hand and Affixed the Seal of said County this 29 th day of June 1833.
James Borry Clerk